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PARKER, GROSSART, BAHENSKY,
<br />BEUCKE, BOWMAN & SYMINGTON, L.L.P.
<br />1516 FIRST AVENUE, KEARNEY, NE 68847
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<br />OPTION TO PURCHASE
<br />Once recorded, return to:
<br />Parker, Grossart, Bahensky, Beucke, Bowman & Symington, L.L.P.
<br />P.O. Box 1600, Kearney, NE 68848 -1600
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<br />THIS OPTION MADE AND ENTERED INTO by and between Beverly L. Hetfield, a
<br />single person (hereinafter referred to as "the Beverly "), and Cindy M. Williams (hereinafter referred
<br />to as "Cindy ").
<br />WHEREAS, at the time of the death of Beverly, Beverly desires to provide Cindy the option
<br />to acquire certain real property of Beverly; and
<br />WHEREAS, in the event of the death of Cindy prior to the death of Beverly, the parties
<br />hereto further desire to provide Cindy's husband, Kenneth R. Williams, the option to acquire
<br />certain real property of Beverly; and
<br />WHEREAS, in the event of the death of Cindy and Kenneth R. Williams prior to the death
<br />of Beverly, the parties hereto further desire to provide the other children of Beverly an opportunity
<br />to acquire certain real property of Beverly.
<br />NOW, THEREFORE, in consideration of Fifty Dollars ($50.00), and other valuable
<br />consideration, the parties hereto agree as follows:
<br />1. GRANT OF OPTION. Beverly hereby grants unto Cindy, or in the event of the
<br />death of Cindy prior to the death of Beverly, Cindy's husband, Kenneth R. Williams, or in event
<br />of the death of both Cindy and Kenneth R. Williams, equally to the other children of Beverly,
<br />Elizabeth A. Smith, Becky L. Rathman, John J. Hetfield, Jr., and Cheryl K. Hulinsky, if then
<br />living (hereinafter referred to as the "OPTIONEE "), the exclusive option to purchase all of the
<br />Beverly's right, title, and interest in and to the following described real property (hereinafter referred
<br />to as the "said real estate "):
<br />The Southeast Quarter (SE) of Section Five (5), Township Eleven (11) North,
<br />Range Twelve (12) West of the 6th P.M., Hall County, Nebraska;
<br />together with all improvements thereon and related personal property, if any (whether held
<br />individually in their names or as subsequently conveyed by Beverly to other persons).
<br />2. PERIOD OF OPTION. This option shall arise upon the death of Beverly, and if not
<br />exercised, this entire option agreement shall expire six (6) months after the death of Beverly. Upon
<br />the expiration of this option, the parties and their heirs, successors, and personal representatives shall
<br />have no further rights or claims against the other party.
<br />3. NOTICE OF EXERCISE. This option is to be exercised by the OPTIONEE by
<br />delivery of the down payment amount, a signed purchase agreement reflecting the provisions of this
<br />agreement and identifying the real property being purchased, and a written notice of intent to exercise
<br />the option. This option shall be exercised not later than six (6) months after the death of Beverly.
<br />4. PURCHASE PRICE. The purchase price for the said real estate shall be the sum of
<br />Four Hundred Thirty -nine Thousand Six Hundred Dollars ($439,600.00).
<br />5. TERMS OF PURCHASE AGREEMENT. If the option is exercised as provided
<br />herein, the terms of the purchase agreement to be executed by the parties shall provide as follows:
<br />(a) The person or persons then having power to convey the said real estate shall sign
<br />warranty deeds and convey all of their right, title, and interest in and to the said real estate to the
<br />OPTIONEE, free and clear of all liens and encumbrances. The spouses of any such conveying
<br />person or persons shall also be bound to sign and convey all of his or her share of such property to
<br />the OPTIONEE. Delivery of such deed or deeds shall be made at closure.
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